HomeMy WebLinkAboutDecision #3788 10.24.2002 r*-�• '..• ,01c A� Bk 15951 Po2S9 �10504-E
• _ "ftt 11-21--2002 a 10a39a
t TOWN OF YARMOUTH •
`c. BOARD OF APPEALS !rs., ., , r •
''re coy`' DECISION
7M? NOV - I Fil 1: 116
FILED WITH TOWN CLERK: November 1,2002 R EC C.i v'E l J
PETITION NO. #3788
HEARING DATE: October24,2002 •.
PETITIONER: St.David's Episcopal Church
PROPERTY: 205 Old Main Street,South Yarmouth •
Assessors Map:51,Lot:38 (451P11)Zoning District: RS40 •
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MEMBERS PRESENT AND VOTING: David Reid, Chairman, John Richards, Diane
Moudouris,Joseph Sarnosky,and Forrest White.
It appearing that notice of said hearing has been given by sending notice thereof to the petitioner
and all those owners of property deemed by the Board to be affected thereby, and to the public
by posting notice of the hearing and published in The Register, the hearing was opened and held
on the date stated above.
' The petitioners seek a Special Permit and or a Variance in order to be relieved of the
requirements of an upgrade of its parking facilities, in connection with the construction of a new
parish hall on the property.
The site is located within the RS40 zone. • The site contains approximately 4.7 acres of land.-
While originally two lots, the petitioner agrees that they have long ago merged into a single lot
for zoning purposes. The Site Plan Review Team has reviewed the matter. The proposed use
and building construction are allowed and conforming. The site presently has 99 parking spaces
available. According to its calculation of parking demand, only 92 spaces are required for the
existing structure and uses. Pursuant to bylaw§301.3.1 the Site Plan Review Team unanimously
agreed to waive the need for additional spaces based upon the occupancy limit of 274 for all site
uses. However, should actual parking demand exceed expected demand, additional space may
be required and shall, at the time, be constructed in compliance with the bylaw unless further
relief is granted.
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As to the existing parking areas,the front portion is paved the rear portion is gravel Pursuant to
Board of Appeals decision #1782-1981, the petition granted relief from the requirement of •
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pavement for this rear lot area. •
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No changes to the curb cut or driveway separations are proposed or reasonably available. No
alteration of the existing parking lot is proposed except that the handicapped parking spaces
shown on the petitioners plan located in the rear parking area, closest to the new hall, will be
paved and lined in conformance with the bylaw requirements.
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The petitioner represents that the nature of its uses are such that the sanctuary and the new hall
will never be fully occupied at the same time. As a result, additional parking is not needed. The
existing parking facilities reportedly have worked well for the site. No one spoke in opposition
to these representations or proposals.
Further, the cost to upgrade the parking Iot, with buffers, trees and related improvements would
be prohibiting expenses and could jeopardize the ability to build and operate the hall.
The hall will be used for church and,church sponsored (non-commercial) activities. The
petitioner agrees to abide by the recommendations of the Site Plan Review Report and the
Engineering Department, except that it prefers not to incur the expense of an ANR plan to
formally merge the lots at this time. The petitioner represents that the sanctuary was built in
1969,and both lots have been owned and used as one lot at least since that time. The petitioner
concedes that they could not now separate the lots, in terms of use or ownership and therefore
they are-already merged and a plan is unnecessary. The petitioner represents that the trash
collection facilities will be enclosed within a solid wooden structure to be located near the new
hall.
The Board finds that the Special Permit may be granted, to relieve the petitioner of the
requirement of further upgrading of the parking facilities, at this time, especially in light of the
mandates of c.40A §3. The petitioner agrees to return to the Site Plan Review Team for further
review upon any change of use or further expansion, alteration or construction. Therefore, a
motion was made by Mr. Richards, seconded by Mrs. Moudouris, to grant so much of the
petition as requested a Special Permit, to allow the construction of the Parish Hall,and to utilize
the parking facilities, as shown on the petitioner's site plan dated April 19, 2002,revised August
23,2002,on the condition that the use is restricted to the current use and uses,that the petitioner
voluntarily return for further Site Plan Review upon any further expansions, alterations or new
construction and comply with the Health and Fire Departments requests (Site Plan Review
report), except that no sprinkler system for the entire hall is required unless otherwise mandated
by the appropriate fire codes, the new handicapped parking spaces will be paved and lined, as
represented, and the petitioner will file with the Board a sketch plan, demonstrating that
additional parking could be constructed on site, if required in the future, and on the finding and
condition that the original two (2)lots that comprise this site shall be considered to have merged
.and become one lot for all zoning purposes hereafter.
The members voted unanimously in favor in favor of the motion. The Special Permit is therefore
granted. The petitioner requested to withdraw the Variance request contained in its petition. A
motion was made by Mr. Richards, seconded by Mr. Sarnosky, to allow the withdrawal of the
balance of the petition without prejudice. The members voted unanimously in favor.
No permit shall issue until 20 days from the filing of this decision with the Town Clerk. Appeals from
this decision shall be made pursuant to MGL c40A section 17 and must be filed within 20 days after filing
of this notice/decision with the Town Clerk. Unless otherwise provided herein, the Special Permit shall
lapse if a substantial use thereof has not begun within 24 months. (See bylaw §103.2.5,MGL c40A §9)
Unless otherwise provided herein, a Variance shall lapse if the rights authorized herein are not excised
within 1 onths.(See MGL c40A §10) •
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David S.Reid, C erk
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• .o1;Y.�k COMMONWEALTH OF MASSACHUSETTS
� _ IN4, TOWN OF YARMOUTH •
• : � BOARD OF APPEALS
-PA CO
Appeal#3788 Date: November 21,2002
Certificate of Granting of a Special Permit
(General Laws Chapter 40A,section 11)
To: Saint David's Episcopal Church '
Address: 205 Old Main Street
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Town: South Yarmouth,MA 02664
Affecting the rights of the owner with respect to land or buildings at: 205 Old Main Street,
South Yarmouth. Assessor's Map: 51, Lot: 38 (45/P11) Zoning District: RS40 and the said
Board of Appeals further certifies that the decision attached hereto is a true and correct copy of
its decision granting said Special Permit, and that copies of said decision, and of all plan
referred to in the decision,have been filed.
The Board of Appeals also calls to the attention of the owner or applicant that General
Laws,Chapter 40A, Section 11 (last paragraph)and Section 13,provides that no Special Permit,
or any extension,modification or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the Town Clerk that twenty(20)days have elapsed after the decision
has been filed in the office of the Town Clerk and no appeal has been filed or that,if such appeal
has been filed,that it has been dismissed or denied,is recorded in the registry of deeds for the
county and district in which the land is located and indexed in the grantor index under the name
of the owner of record or is recorded and noted on the owner's certificate of title. The fee for
such recording or registering shall be paid by the owner or applicant.
David S. Reid, •
Chairman
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